14 June 1886 § 1. P. L. 630.

inventory within

thirty days.

80. Sales, &c., may be public or private.

81. Trustees to record deeds of trust. Proceedings in case of refusal.

82. When survivors to execute the trust.

83. Sales may be made by surviving trustees. 84. Non-resident trustees may execute the duties of the trust. Appointment of non-residents.

I. Provisions of the revised act.

(1.) Of assignees for the benefit of creditors. (p)

1. In every case in which any person shall make a voluntary assignment(q) of his estate, real or personal, or of any part thereof, (r) to any other person or perAssignees to file an sons, in trust for his creditors or some of them, it shall be the duty of the assignees or assignee, within thirty days after the execution thereof, to file in the office of the prothonotary of the court of common pleas of the county in which the assignor shall reside, an inventory or schedule of the estate or effects so assigned,(s) accompanied with an affidavit by such assignees, that the same is a full and complete inventory of all such estate and effects, as far as the same has come to their knowledge.()

Ibid. § 2.

Appraisers to be appointed.

Ibid. § 3. Their duties.

Ibid. § 4.

2. It shall be lawful for the court of common pleas of such county, or for any judge thereof, in vacation, to appoint two or more disinterested and competent persons, to appraise the estate and effects so assigned.

3. The appraisers so appointed, or any two of them, having first taken an oath or affirmation, before some person having authority to administer oaths, to discharge their duties with fidelity, shall forthwith proceed to make an appraisement of the estates and effects assigned, according to the best of their judgment, and having completed the same, shall return the inventory and appraisement to the court, where it shall be filed of record.

4. The appraisers aforesaid shall receive the same compensation as is now allowed

And compensation. by law to appraisers of the estate of a decedent.

Ibid. § 5.

5. The assignee or assignees as aforesaid shall, as soon as such inventory and appraisement shall have been filed, give a bond or bonds, (u) with at least two sufAssignees to give ficient sureties, (v) to be approved of by one of the judges of the said court, in double the amount of the appraised value of the estate so assigned.(w)

bond.

Ibid. § 6. Form of bond.

14 June 1836 § 7. P. L. 631.

Assignees and offi

6. The bond so to be given shall be taken in the name of the commonwealth of Pennsylvania, and the condition thereof shall be as follows, viz.:

The condition of this obligation is such, that if the above bounden A. B. and C. D., assignees of E. F., shall, in all things, comply with the provisions of the acts of assembly in such case made, and shall faithfully execute the trust confided to them, then the above obligation to be void, otherwise to be and remain in full force and virtue.

And such bond shall be filed in the office of the prothonotary of the said court, and shall by him be entered of record, and shall inure to the use of all persons interested in the property assigned.

(2.) Of the accounts of assignees and official trustees.

7. It shall be lawful for the court of common pleas of the proper county, on the application(x) of any person interested, (y) or co-trustee or co-assignee, to issue a citation to any assignee or trustee for the benefit of creditors,(z) whether appointed cial trustees may by any voluntary assignment, or in pursuance of the laws relating to insolvent debtors and domestic attachments, requiring such assignee or trustee to appear and exhibit, under oath or affirmation, the accounts of the trust in the said court, within a certain time, to be named in such citation. (a)

be cited to settle their accounts.

Ibid. § 8.

But not till the expiration of a year.

8. Provided, That no such citation shall be issued until after the expiration of one year from the date of the assignment to, or appointment of, such assignees or trustees.

v. Shirk, 13 P. S. 589. See act 21 March 1831, P. L. 193.

(x) The petition for a citation must be verified by oath. Mellish's Estate, 1 Pars. 482.

(y) Third persons, claiming adversely, cannot interfere in the settlement. Okie's Appeal, 9 W. & S. 156, 174-5. Jefferis's Appeal, 33 P. S. 39. Nor any person who has not an interest in the effects in the hands of the trustee. McCabe's Appeal, 22 P. S. 427. See Ingraham v. Cox, 1 Pars. 70. Hopkins v. Henderson's Assignees, 1 Ash. 342 n. Weber v. Samuel, 7 P. S. 525. (z) An assignee who has neither filed an inventory, nor given bond, may nevertheless be cited to account. Whitney's Appeal, 22 P. S. 500.

(a) After a lapse of twenty years, it will be presumed that the assignee has settled an account and distributed the assets in the mode prescribed by law. Ingraham v. Cox, 1 Pars. 70. Wilkinson's Estate, Ibid. 170. Mellish's Estate, Ibid. 487. Coates's Estate,

9. An assignee or trustee as aforesaid, may, with the leave of the court having 14 June 1886 § 14. jurisdiction, as aforesaid, make a voluntary settlement of his accounts, so far as P. L. 631. he may have executed the trust; and the same being filed in the office of the pro- Assignees, &c., thonotary of the court, the like proceedings shall be had thereon, as in the case of may make a voluna settlement of such accounts after citation. tary settlement. Ibid. § 9.

10. The several courts of common pleas shall, by a general order, or by such order as the circumstances of any particular case may require, direct the prothono- Public notice to be tary of the same court to give notice of the exhibition and filing of every account given of the filing as aforesaid, during such time, and in such public newspapers as they shall appoint, of accounts. setting forth in such notice, that the accounts will be allowed by the courts, at a certain time, to be stated in such notice, unless cause be shown why such account should not be allowed.

11. The expense of advertising as aforesaid, shall be paid by the assignees or Ibid. § 10. trustees, at the time of exhibiting their accounts as aforesaid, and shall be passed Expenses, how to their credit on such account.

paid.

14 June 1836 § 11.

P. L. 682.

In case of official

(3.) When assignees and official trustees may be dismissed. 12. Whenever it shall be made to appear in (to) a court of common pleas, having jurisdiction as aforesaid, that an assignee or trustee as aforesaid, has neglected or refused, when required by law, to file a true and complete inventory, or to give bond with surety, when so required by law, or to file the accounts of his trust, or misconduct, citathat such assignee or trustee is wasting, neglecting or mismanaging the trust tion to be issued. estate, or is in failing circumstances, or about to remove out of the jurisdiction of the court, in any such case, it shall be lawful for such court to issue a citation to such assignee or trustee, to appear before the court, at a time to be therein named, to show cause why he should not be dismissed from his trust.(b)

Ibid. § 12.

13. On the return of such citation, the court may require such security, or such other and further security, from such assignee or trustee, as they may think Further security reasonable, or may proceed at once to dismiss such assignee or trustee from the trust. may be required. 14. The like proceedings may be had, whenever it shall be made to appear to Ibid. § 13. such court, that any person who shall have become surety for any assignee or trus- Like proceedings, tee as aforesaid, in any bond given for the due execution of the trust, is in failing where surety be circumstances, or has removed out of this commonwealth, or signified his intention comes insolvent, so to do.

(4.) Jurisdiction in relation to trusts.

&c.

P. L. 632.

relation to trusts.

15. Whenever any assignment, conveyance or transfer (excepting assignments 14 June 1836 § 15. or transfers for the benefit of creditors, as hereinbefore mentioned) shall have been made, or shall hereafter be made, by deed, will(c) or otherwise, (d) of any Jurisdiction of state, real or personal, to any person or corporation, in trust for, or for the use or common pleas in benefit of any person or association of persons, or corporation; also, whenever any trust shall arise by operation or implication of law, the court of common pleas of the county in which any such trustee shall have resided at the commencement of the trust, or, if such trustee be a corporation, in which such corporation is situate, or in which its principal officer shall have resided, as aforesaid, shall exercise the jurisdiction and powers given by law in regard to such trust:(e) Provided, That nothing herein contained shall extend to trusts created by will, and vested in executors or administrators, either by the words of the will, or by the provisions or operations of law, whenever such executors or administrators are by the existing laws amenable to the orphans' court.

Ibid. § 16.

16. It shall be lawful for the court of common pleas, having jurisdiction as aforesaid, or for any judge thereof, on the application of any person interested in In case of misthe trust estate or fund, (g) co-trustee or co-assignee, and upon affidavit that any management, citatrustee as aforesaid, is wasting, neglecting or mismanaging such estate or fund, or tion may issue. is in failing circumstances, or about to remove out of the commonwealth, to issue

a citation to such trustee to appear before the court, at a time to be therein named,

to show cause why he should not be dismissed from his trust.(h)

Ibíd. § 18.

17. On the return of such citation, and after due notice to all persons interested, the court may, in their discretion, either require security from such trustee for the Further security due execution of the trust, or dismiss such trustee from the trust, or make such may be required, or other order in the cause, as may be agreeable to the rules of equity.(i)

2 Ibid. 258. Drysdale's Appeal, 14 P-S. 531. Whiteside's Appeal, 23 Ibid. 114. And see Mylin's Case, 7 W. 71. Hubley's Appeal, 19 P. S. 138.

(b) A trustee may be dismissed, before he has entered upon his duties. Piper's Appeal, 20 P. S. 67, 70.

(c) In cases of testamentary trust, the orphans' court has concurrent jurisdiction with the common pleas. Brown's Appeal, 12 P. S. 333. Seibert's Appeal, 19 Ibid. 49. Stearly's Appeal, 3 Gr. 270. See Jones's Appeal, Ibid. 169.

(d) See Whitaker v. Peck, 2 Del. Co. R. 200.

(e) See Hibshman v. Dulleban, 4 W. 183. Ebert's

trustee dismissed.

Appeal, 9 Ibid. 300. Baird's Case, 1 W. & S. 288. A petition under the acts relating to trusts and trustees, ought to set forth enough to show the nature and ground of the claim, so that it may appear upon the record, what was asked, and what was done. Ex parte Morton, 3 Wh. 170.

(g) The next of kin of a cestui que trust is not so interested. Kuhler v. Hoover, 4 P. S. 331.

(h) See act 17 February 1818, 7 Sm. 43-4, which does not appear to be fully supplied by subsequent

enactments.

(i) If the orphans' court direct a testamentary trustee under this section, to "enter new security,"

14 June 1836 § 18. P. L. 632.

18. In case of the infancy, or temporary absence of any trustee, it shall be lawful for the court having jurisdiction as aforesaid, to appoint a trustee during such Court may appoint infancy or absence; and the trustee so appointed, shall, during such period, have during infancy, or all the powers necessary for the due administration of the trust. temporary absence

of trustee.

Ibid. § 19.

Trustees may be cited to account.

14 June 1836 § 20. P. L. 633.

In what cases assignees and trustees may be dismissed.

Ibid. § 21. Effects, in such case, to be delivered to receiver.

Ibid. § 22. When assignees

and trustees may petition to be discharged.

Ibid. § 28.

In what cases the courts may ap

19. It shall be lawful for any court of common pleas having jurisdiction as aforesaid, or for any judge thereof, on the application, by bill or petition, of any co-trustee or co-assignee, or any person or persons interested in the trust estate or fund, setting forth the facts, to issue a citation to any trustee, or his legal representatives, requiring him or them to appear in the said court, at a certain time to be specified therein, to answer the said bill or petition, and exhibit an account of the management of the trust estate or funds, (k) or to perform such other acts or things as may be required by, or shall be consistent with the duties of the trust.

(5.) Of the removal and appointment of trustees.

20. When any assignee or trustee shall have been duly declared to be a lunatic or habitual drunkard, or shall have removed from the state, or ceased to have a known place of residence therein, during the period of a year or more, it shall be lawful for the court having jurisdiction, on due proof thereof, to dismiss such assignee or trustee.

21. When any assignee or trustee shall be dismissed from the trust, it shall be lawful for the court to order and direct all books, papers, moneys and effects in the hands of such dismissed assignee or trustee, to be forthwith delivered or transferred to such other person or persons, as the court may appoint to receive the same, upon security being given by such receiver, according to the order of the

court.

22. The court having jurisdiction as aforesaid, shall have power, upon the application, by bill or petition, of any assignee or trustee, setting forth such facts as in equity would entitle him to relief, to discharge him from the trust: Provided, That no such discharge shall take place, unless the accounts of such assignee or trustee shall have been duly settled or confirmed as aforesaid, so far as he shall have acted in the trust, nor unless notice of such application shall have been given to all parties interested, either personally or by advertisement, in such public newspapers as may be directed by the court, nor until such assignee or trustee shall have surrendered the trust-estate remaining in his hands, to some other assignee or trustee, or other person appointed by the court to receive the same, and shall have performed all such other matters as may be required in equity.

23. The several courts having jurisdiction as aforesaid, shall have power to appoint assignees or trustees as aforesaid in the following cases, viz. :

I. When any sole assignee or trustee shall renounce the trust,(1) or refuse to act

point assignees or under, or fully execute the same :(m)

trustees.

II. When any such assignee or trustee shall die, (n) or be dismissed by the court from the trust, or shall be discharged by the court therefrom:

III. When one or more of several assignees or trustees shall renounce or refuse as aforesaid, or shall die, or be dismissed or discharged as aforesaid, and the duties of the trust require the joint act of the trustees :

IV. In any case in which a trust shall have been created, and no person appointed, either by name or by description, to execute the same.

24. The power of appointment as aforesaid, may be exercised on the application, by bill or petition, of any person interested in the estate or property which is the subject of the trust, and not otherwise, and after due notice to all parties con

cerned.

25. Every assignee and trustee appointed by the court as aforesaid, shall be liable to the same duties, shall have the same powers and authorities in relation to the trust, or to the further execution of the same, as the case may be, and shall be subject to the jurisdiction and control of the court, in the same manner, to all intents and purposes, as his predecessor or predecessors in the trust.

26. Upon the appointment by the court of any assignee or trustee as aforesaid, and upon his giving security, if he shall be so required by the authority of the law, all the trust estate and effects whatsoever shall, forthwith, and without any act or deed, pass to and be vested in such succeeding assignee or trustee.(0)

27. When any assignee or trustee shall have been discharged by the court as aforesaid, from the further execution of the trust, it shall be lawful for the court

which is done, this does not discharge the surety in the original bond, from responsibility for the subsequent misapplication of the trust-estate. Commonwealth v. Risdon, 8 Phila. 23.

(k) A mere naked trustee is not liable to account, except where funds are shown to have actually come into his hands. Sharswood v. McClellan, 2 Am. L. Reg. 572.

(That is, shall refuse to accept the trust; there can be no renunciation, after acceptance. Read v. Robinson, 6 W. & S. 332-3.

(m) See Commonwealth v. Lelar, 13 P. S. 22. (n) A trust created, merely to support a legal estate, does not fail, upon the death of the trustees, but descends to the heir at common law of the surviving trustee. Jenks v. Backhouse, 1 Binn. 91. Carlisle's Appeal, 9 W. 331. Baird's Appeal, 3 W. & S. 459. Ex parte Conrad, 2 Ash. 527. See Rigler v. Cloud, 14 P. S. 361. 7. Cloud,

(0) See Willis v. Row, 3 Y. 520. Rigler v. 14 P. S. 361.

to make an order that the sureties of such assignee or trustee in any bond which 14 June 1886 § 27. may have been given by him for the due execution of the trust, shall, upon com- P. L. 633. pliance by such assignee or trustee with all orders of the court in the premises, on discharge of be discharged from liability for any acts of such trustee after the date of such trustees, sureties order.(p) may be exonerated.

(6.) General provisions relating to assignees and trustees.

P. L. 685.

28. It shall be lawful for the court having jurisdiction as aforesaid, to make 14 June 1886 § 28. such orders and decrees, from time to time, for carrying into effect any trusts as aforesaid, either for distribution of moneys in the hands of assignees or trustees Courts may make for the benefit of creditors, or for the payment or transfer of funds or effects in all necessary orders the hands of other trustees, or otherwise, as shall be according to law or the terms or intent of the trust. (q)

relative to trusts.

Ibid. § 29.

And allow compen

29. It shall be lawful for any court having jurisdiction as aforesaid, whenever compensation shall not have been otherwise provided, to allow such compensation to assignees and other trustees, out of the effects in their hands, for their services, sation to trustees. as shall be reasonable and just.(r)

30. The several courts aforesaid shall have power, on the application of the party interested, to compel the conveyance by trustees, of the legal estate, when the trust has been executed or has expired. (s)

Ibid. § 30.

May compel conveyance.

Ibid. § 31.

31. It shall be lawful for the court in which the accounts of any assignee or trustee as aforesaid may be exhibited, to refer the same to an auditor gr auditors, who shall be sworn or affirmed well and truly to audit and adjust the same, and Accounts may be make a true report thereof, according to the evidence.(t)

referred to auditors.

Ibid. § 82.

32. The several courts of common pleas, and all audítors appointed by them for the purpose of examining the accounts of assignees and trustees aforesaid, (u) shall Trustees may be have power to examine such assignees and trustees, upon oath or affirmation, examined on oath. touching the execution of the trust; and the said courts shall have power to compel Courts may comthe production of any books, papers or other documents necessary to a just decision pel production of of any question before them, or before auditors as aforesaid.

documents.

33. The several courts of common pleas shall have the same powers and authori- Ibid. § 33. ties, and the manner of proceeding to obtain the appearance of persons amenable Common pleas to to their jurisdiction, in cases of trusts, and to compel obedience to their orders and have the powers of decrees, and enforce execution thereof, shall be the same, as are now by law vested the orphans' court. in and provided for the several orphans' courts of this commonwealth.(v)

34. It shall be lawful for any judge issuing a citation to any assignee or trustee, Ibid. § 34. as herein before provided, if the circumstances of the case shall appear to him to Citation may be rerequire it, to order such citation to be returned to a special court, to be convened turnable to special for the purpose, in the manner allowed by the laws relating to the orphans' court.

court.

Ibid. § 35.

35. When any assignee or trustee shall remove out of the county in which he resided at the time of his appointment, or of the commencement of the trust, as Courts may issue the case may be, or shall not possess real or personal estate in such county sufficient proceeds to to satisfy any order or decree of the court of common pleas of such county, it shall another county. be lawful for such court to issue process to the county in which such assignee or trustee may be, or in which he may have any real or personal estate amenable to such process, and such process shall be executed by the sheriff or coroner, as the case may require, of the county in which such assignee or trustee may be, or may have any real or personal estate as aforesaid.

Ibid. § 86.

36. Any person aggrieved (w) by a definite (definitive) decree or judgment of any court of common pleas, in any case relating to assignees or trustees as afore- Appeal to supreme said, may appeal (x) from the same to the supreme court in the proper district: court allowed.

(p) See act 21 March 1831, § 4, P. L. 193.

(q) Discretionary powers given to a trustee by deed, upon his removal, pass to a trustee appointed by the court. Such powers do not pass to the heir or representative of the original trustee, nor to the survivors of several trustees, nor to a trustee appointed by a court of equity, nor by assignment. Wilson v. Pennock, 27 P. §. 238.

(r) All trustees are entitled to a reasonable compensation for their services as rendered; and unless a contrary intention appear, it must come out of the income of the fund with which they are entrusted. Spangler's Estate, 21 P. S. 335. Five per cent is a reasonable allowance in most cases. Pusey v. Clemson, 9 S. & R. 209. Askew v. Odenheimer, 1 Bald. 380. Burkholder's Appeal, 94 P. S. 522. But where the estate is large and its settlement attended with little trouble or hazard, a smaller allowance will be made. Stevenson's Estate, 1 Pars. 18; s. c. 4 Wh. 98. Barton's Estate, 1 Pars. 29. Nathans v. Morris, 4 Wh. 389. Miller's Estate, 1 Ash. 323. See Dyott's Estate, 2 W. & S. 558. Kennedy's Appeal, 4 P. S. Stehman's Appeal, 5 Ibid. 413. McCahan's

149.

Appeal, 7 Ibid. 56. Lane's Appeal, 24 Ibid. 487. McElhenny's Appeal, 46 Ibid. 347. Bird's Estate, 2 Pars 168. Montgomery's Appeal, 86 P. S. 230.

(s) Where the legal estate is vested in the cestui que use, by force of the statute of uses, a conveyance of it will not be decreed. Rush v. Lewis, 21 P. S. 72. (t) See Frank's Appeal, 59 P. S. 190.

(u) They are confined to the account between the assignee and the cestui que trust. Okie's Appeal, 9 W. & S. 156. And in reporting distribution, they cannot inquire into the validity of the judgment; but must take it as conclusive. Dyott's Estate, 2 W. & S. 557. See Snyder's Estate, 3 Wh. 495. Cadwalader v. Montgomery, 9 L. I. 133.

(v) They may enforce their decrees by execution. Seibert's Appeal, 19 P. S. 49.

(w) See Weber v. Samuel, 7 P. S. 525. A trustee having no beneficial interest in the trust cannot appeal from a decree distributing the trust-fund in his hands. Mellon's Appeal, 32 P. S. 121.

(x) On an appeal, the appellant is confined to the exceptions taken in the court below. Dyott's Estate, 2 W. & S. 557.

14 June 1886 § 86.

P. L. 685.

Conditions thereof,

22 March 1825 § 1. 8 Sm. 405.

preme court rela

tive to trusts.

Provided, Such appeal be entered within one year after such decree or judgment, in cases relating to assignees or trustees for the benefit of creditors as aforesaid, and within three years of other cases of trust: And provided also, That in all cases, the party appealing shall first give security, in such sum as the said court of common pleas shall direct, conditioned to prosecute such appeal with effect, and shall also make oath or affirmation that such appeal is not intended for delay.(y)

II. Of laws prior and subsequent to the revised act.

(1.) Jurisdiction of courts in regard to trusts.

37. The supreme court of this commonwealth shall have power to grant relief in equity, in all cases of trusts, so far as regards the appointment of trustees, either Jurisdiction of su- in consequence of the death, infancy, lunacy or other inability of a trustee or trustees to fulfil his or their duties, or where a trustee or trustees named in any deed, or last will and testament, renounce or refuse to act under such appointment, or where one or more of several co-trustees is dead, or non compos mentis, and the duties of the trust require the joint act of the trustees, and also compelling the trustee or trustees, where the trust has expired, to convey the legal estate. (2)

Ibid. § 2.

tion to be exer

cised.

38. In any of the cases aforesaid, it shall and may be lawful for the cestui que How such jurisdic- trust, or other person or persons interested in the execution thereof, to apply, by petition, setting forth the facts of the case, under oath or affirmation, to the said court, who are hereby authorized to hear and determine the matters therein contained, and upon hearing all parties concerned, to appoint a trustee or trustees, in the place of those who may come within the provisions of the first section of this act, as they may deem expedient, having due regard to the original objects of the trust, as fully as a court of equity can or might do; upon which appointment being made, all the estates, rights, powers and authorities of such superseded trustees shall cease and determine; and the same shall be deemed and taken to vest in the person or persons so appointed, as fully, to all intents and purposes, as if they had been originally appointed trustees.

Ibid. § 3.

Courts may dis

execution of the

trust.

39. When any trustee or trustees have, or may hereafter execute the trust or powers delegated to him, her or them, it shall and may be lawful for such trustee charge trustees on to file his, her or their accounts in the office of the prothonotary of the supreme court within the proper district, or in the office of the prothonotary of the district court or court of common pleas of the proper county, under oath or affirmation, exhibiting a particular statement of the receipts and expenditures; and thereupon the said trustee may apply to the court, setting forth the facts, and praying the court to discharge them from the trust; and it shall be the duty of the court to issue a citation to any person or persons who may be interested, requiring him, her or them to appear on a day certain, not less than twenty nor more than thirty days (thereafter), to show cause why such trustee or trustees should not be discharged; and the court shall, on the return of such citation, or at such other times thereafter as they may direct, proceed to hear and determine the matter, as to them may appear just and equitable; and if it shall appear that the trustee or trustees have executed the trust agreeably to their powers, such trustees shall be discharged therefrom forever.

8 May 1889. P. L. 123.

Courts may direct

trust funds to be handed over to

trustees appointed

40. When all the persons for whose benefit a valid trust shall have been created by deed or will, for a term of years or for life, shall have removed from this state into any other state or territory of the United States, to permanently reside therein, the court having cognizance of such trust is hereby authorized and empowered, on application by or on behalf of all the persons interested in said trust, to direct the trustee or trustees appointed in and by said deed or will, to pay over said trust moneys, or transfer the securities in which they may have been invested, to a trustee or trustees duly appointed by the court of such other state or territory: Foreign trustee to Provided, however, It shall be made to appear to the satisfaction of the court making such order or decree of transfer, that the trustee or trustees so appointed by the court of such other state or territory, have given security in double the amount of the trust funds to be transferred, and that such security has been approved by such court.

by another state, on the removal thereto of all the cestui que trusts.

give security.

14 April 1828 § 1. 10 Sm. 222.

Jurisdiction of

41. The several courts of common pleas(a) are hereby authorized and empowered to grant relief in equity in all cases of trust, so far as regards the appointment of trustees, either in consequence of the death, lunacy or other inability of a courts of common trustee or trustees to fulfil either his or their duties, or where a trustee or truspleas. tees named in any last will and testament renounce or refuse to act under such appointment; or when one or more of several co-trustees is dead or non compos mentis, and the duties of the trust require the joint act of the trustees, and also to

(y) The appeal should be filed at the next term after it is taken. Kreider's Estate, 3 R. 205. For the act 25 April 1856, § 6, P. L. 532, providing that suits for the enforcement of an implied or resulting trust shall be brought within five years, see tit. "Limitation." Where a married woman purchases property with her own money and a deed is made to her husband by

mistake, who recognizes her title, the limitation of five years does not run against her. Miller v. Baker, 34 W. N. C. 249.

(z) See Ex parte Hussey, 2 Wh. 330. Innes's Estate, 4 Ibid. 182.

(a) See act 21 March 1831, § 3, P. L. 193.